Failed attempt to Pass Results in Rear End Accident and Lawsuit

On November 14, 2014, Mr. Grady Beasley was driving his Toyota on the Cross Bronx Expressway in The Bronx. A truck leased by Paraco Gas Corporation and driven by Mr. Sheikh Bangura was trying to pass him. Due to lack of judgment and negligence, the truck rear-ended Mr. Beasley’s vehicle, causing him to sustain serious physical injuries. After the accident, Mr. Beasley complained of having stiffness in his neck for the very first time in his life. He also complained of back pains and discomfort in his right hand. He had muscle sprains and suffered from whiplash. Upon further medical examination, he was diagnosed with a cervical sprain and a disc displacement in his lower back. He had to undergo surgeries and was administered pain killer injections to ease the pain. Mr. Beasley continued to face stiffness in his neck, which led to a limited range of motion. He continued to have pain in both his arms. As a result of his injuries, Mr. Beasley filed a lawsuit against Paraco Gas Corporation and Mr. Sheikh Bangura.

The Lawsuit

On January 8, 2016, Mr. Beasley filed a motion against the Defendants seeking summary judgment on liability. The Court granted the Motion on July 18, 2018. Defendants were held liable as they failed to present any relevant evidence to prove they were not negligent. Mr. Beasley’s contributory negligence was also not established in the accident. Further, the Court relied on Vehicle and Traffic Law § 1129(a) according to which, when there is a rear-end collision, the driver of the car in the back is usually assumed to be at fault.

The action was then tried on damages before the jury on November 18, 2018. On behalf of Mr. Beasley, Dr. Jonas J. Gopez testified that Mr. Beasley’s disc was severely injured and the chances of recovery without disc removal surgery were impossible. Dr. Gopez further testified that as a result of Mr. Beasley’s back injuries, there was compression in his spinal cord which would complicate the surgery even more. Lastly, Dr. Gopez testified that despite surgeries, Mr. Beasley would have to continue exercising for the rest of his life, otherwise his back would start hurting again. Another medical expert, Dr. Oppenheim testified that Mr. Beasley had difficulty with coordination, balance, and had abnormal reflexes. He cautioned that Mr. Beasley would have to be careful in the future to avoid falling, tripping or losing his balance.

Dr. Jonathan S. Luchs testified for Defendants and stated that Mr. Beasley’s disc injury was not a cause of the accident but was caused due to a prior accident where Mr. Beasley was a passenger in the rear seat and the vehicle was rear-ended and totaled. However, Dr. Luchs could not support his findings with relevant medical evidence or provide a rationale. Mr. Beasley’s wife testified on his behalf and stated that he was perfectly fine before the accident. She testified that Mr. Beasley never showed any signs of back pain, arm pain, or stiffness in his neck. She also stated that Mr. Beasley attended work every day in the previous year before the accident and had no visits to any doctor. She further stated that Mr. Beasley was very active and was also fond of riding his bike. On November 21, 2018, the jury awarded Mr. Beasley $1,200,000.00 for past pain and suffering and $1,000,000.00 for future pain and suffering for the next 19 years. On February 1, 2019 the Defendants appealed jury’s decision under CPLR 4404(a) for the verdict being against the weight of evidence and damages awarded being excessive.

The Appeal

In Beasley vs. Paraco Gas Corporation, the Defendants contended that the findings of the jury went completely against the weight of the evidence. Defendants further contended that the verdict should be set aside because the jury rushed to judgment, which was evidenced by the fact that the jury did not ask for any clarifications on the testimony, or submit any question to the judge, and because it was the day before Thanksgiving.. The Appellate Court found that Defendants’ arguments were speculative and not based on any concrete evidence. Further, the judge also reviewed the medical evidence on record and held that Mr. Beasley’s injuries have had a devastating impact on him. On May 29, 2019, the jury’s findings on liability and damages were both upheld.

Sternberg Injury Law Firm

The Sternberg Injury Law Firm, founded in 2016, is experienced in assisting on personal injury claims, particularly those related to motor vehicle accidents. Our firm helps motorists in various areas of New York City including Woodside, Village of the Branch, and Upper Brookville. We provide complimentary consultations for individuals affected by similar situations across New York State. Our seasoned attorneys will meticulously assess your circumstances to determine the optimal course of action. Our objective is to ensure the maximum compensation, enabling you to prioritize your recovery should you select us as your legal representative. To initiate contact, please reach out to us through our website, email, or phone call.

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